PUTTU LAL GUPTA Vs. MILLO

JUDGEMENT

(1.) This first appeal from order under Section 110-D of the Motor Vehicles Act is directed against the judgment and award dated 30.9.1981 in Motor Accident Claim Petition No. 22 of 1975.

(2.) The claim for an amount of Rs. 1,20,000/- was filed by Millo, widow of the deceased Matru Lal, with claimant No. 2, Ram Krishna, son and four other claimants, daughters of the deceased. Matru Lal had died in an accident on 29.11.1974 at about 1.30 a.m.

(3.) The deceased Matru Lal at the time of the accident was aged about 30 years, who was dealing in the business of goats. He was resident of village Kothipur, P.S. Phaphund, Distt. Etawah. He was travelling along with the goats in truck No. UPI 973 from Auraiya in District Etawah to Kanpur. At about 1.30 a.m. on 29.11.1974 between the villages Bara and Raniya, P.S. Akbarpur, District Kanpur, the truck in question by which the deceased was travelling with his goats met with an accident with another truck. On the truck on which the deceased was carrying his goats, some wooden planks were extending on its outer sides. When the accident took place by dashing of another truck coming from the other side, the wooden planks fell down on the head of the deceased, the result was that Matru Lal received serious injuries on his head and died on account of the said injuries.